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Time, Completion and Delay Damages
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Time, Completion and Delay Damages
Site access
- Failure to give access is a repudiatory breach
The obligation to complete
- Implied term
- Supply of Goods and Services Act 1982
- Charnock v Liberpool Corpn [1968]
- Completion ceases to apply if:
- breach of contract or act of prevention by the employer
- no applicable provision for extension of time
- Peak Construction (Liverpool) Ltd v McKinney Foundations Ltd
- Damages restricted to general only
- Peak Construction (Liverpool) Ltd v McKinney Foundations Ltd
- EOT clauses protect the contractor against liability for delay
- If no express provision for EOT - Time is said to be "at large"
- Complete within a reasonable time
- No certain LD date
- Complete within a reasonable time
- If no express provision for EOT - Time is said to be "at large"
- Time not generally of the essence
- Employer can serve notice to make time of the essence, if sufficient time has elapsed
- Behzadi v Shaftesbury Hotels Ltd
- Employer can serve notice to make time of the essence, if sufficient time has elapsed
- Implied term
Obligation to progress the works
- In the absence of express provision, business efficacy may require dilligent and reasonable progress
- GLC v Cleveland Bridge and Engineering
- Express provision
- “expressly and diligently” or with “due expedition and without delay”
- In the absence of express provision, business efficacy may require dilligent and reasonable progress
Extension of time
- Contractor liable for delay unless
- EOT awarded
- Time is at large
- To avoid this - contracts include provisions for Employer delay
- Peak Construction (Liverpool) Ltd v McKinney Foundations Ltd
- To avoid this - contracts include provisions for Employer delay
- Note condition precedent of contracts
- Arbitrators can open up and revise up or down, EOT awards
- Contracts contain rules relating to EOT
- John Barker Construction Limited v London Portman Hotel Limited
- Contractor liable for delay unless
Liquidated Damages
- Contra preferentum rule applies
- LD's may not be granted if they are penal, failure to follow condition precedent, acts of prevention by the employer
- Unliquidated damages
- Bovis Construction v Whatlings Construction Ltd
- Failure to mitigate
- Bovis Construction v Whatlings Construction Ltd
- Effect of £NIL insertion
- Temloc Ltd v Errill Properties Limited
- Limitations
- Unenforceable penalty
- Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Company Ltd “extravagant and unconscionable
- Time at large
- Condition precedent
- Avoncroft Construction Limited v Sharba Homes
- Waiver or estoppel
- Unenforceable penalty
Concurrent Delay
- Three credible theories exist
- Dominant cause
- Malmaison case
- City Inn
- Three credible theories exist
Information
- Description
- Mind Map on Time, Completion and Delay Damages, created by petersolomon3 on 08/05/2013.
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- petersolomon3
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